Support

A cookie is a piece of data stored by your browser or device that helps websites like this one recognize return visitors. We use cookies to give you the best experience on BNA.com. Some cookies are also necessary for the technical operation of our website. If you continue browsing, you agree to this site’s use of cookies.

Net Neutrality Court Ruling May Be Linchpin for Legislation

Keep up with the latest developments and legal issues in the telecommunications and emerging technology sectors, with exclusive access to a comprehensive collection of telecommunications law news,...

By Lydia Beyoud

Dec. 3 — Top House and
Senate telecommunications aides voiced continued interest in
crafting bipartisan net neutrality legislation to replace the
controversial rules the FCC approved earlier this year.

The aides spoke at a Practicing Law
Institute/Federal Communications Bar Association telecom policy
conference on Dec. 3, a day before the U.S. Court of Appeals for
the District of Columbia Circuit hears oral argument in a challenge
to the rules by Internet service providers (United States Telecom Assoc. v. FCC, D.C. Cir.,
15-1063, oral argument scheduled
12/4/15). Either way, the court's decision in the case promises to
toss the whole issue back to Congress.

Republican staffers David Redl, chief counsel of the
House Energy and Commerce Committee, and David Quinalty, policy
director of the Senate Commerce, Science and Transportation
Committee, criticized the rules, which they say create an
atmosphere of regulatory uncertainty for broadband providers.

Quinalty said that federal telecommunications law
hasn't kept up with technological changes. “The future of these
rules is unclear, and we're in this exact posture because the Act
hasn't been updated in 20 years to reflect the realities of the
broadband Internet marketplace,” he said.

The situation is pushing Senate Commerce Chairman
John Thune (R-S.D.) to look at legislation that would provide
greater certainty, Quinalty said.

Democratic Senate Commerce senior counsel John
Branscome said the panel's ranking member, Sen. Bill Nelson
(D-Fla.), hoped a possible bipartisan “Title X” legislation would
“take what the FCC has done and bring certainty that only
legislation could bring to that.”

An approach that protects consumers, doesn't
undermine the FCC and preserves a flexible, forward-looking
authority to respond to market changes in the future is critical to
Nelson, Branscome said.

Branscome said while he is optimistic about the
legislative effort, “we obviously will be watching the court,
too.”

Democratic House Energy and Commerce chief counsel
David Goldman said a court decision to uphold the FCC's Open
Internet rules would be a great result, but that the committee's
ranking member, Rep. Frank Pallone (D-N.J.) remains open to
legislation.

Political considerations in the House, however, are
currently pushing lawmakers to wait for the court's decision before
determining whether to move forward on legislation, he said.

Industry Predictions

At a separate conference panel, executives for Cox
Communications Inc. and CenturyLink Inc. declined to speculate
about how the court is likely to rule. CenturyLink is one of the
appellants in the case.

Corie Wright, director of global policy for Netflix
Inc., which has weighed in on the case on behalf of the FCC, said
she predicted a win for agency.

Jennifer Schneider, vice president of legislative
affairs for Frontier Communications Corp., suggested the court's
decision would be appealed to the U.S. Supreme Court regardless of
the outcome.

Wright predicted the high court would be more likely
to hear the case if the FCC loses at the D.C. Circuit.

However, if the order is upheld by the D.C. Circuit,
ISPs may face more difficulty in convincing the court to hear the
case, unless the judges decide to take it up as a “cool” issue, she
said.

To contact the reporter on this story: Lydia Beyoud
in Washington at lbeyoud@bna.com

To contact the editor responsible for this story:
Keith Perine in Washington at kperine@bna.com

All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to books@bna.com.

Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)

Notify me when updates are available (No standing order will be created).

This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to research@bna.com.

Put me on standing order

Notify me when new releases are available (no standing order will be created)